Supreme Court Divided on Recalling Abortion Order in Landmark Case

Supreme Court Divided on Recalling Abortion Order in Landmark Case

VoM News Desk | October 12, 2023 | 12:49 AM IST | Breaking News, Courts & Law | Follow on Google News

Supreme Court Divided on Recalling Abortion Order in Landmark Case

Supreme Court Divided on Recalling Abortion Order in Landmark Case

In a landmark case related to abortion and women’s reproductive autonomy, a two-judge bench of the Supreme Court in India delivered a split verdict on a plea by the Centre to recall its previous order, which allowed a married woman to terminate her 26-week pregnancy. The case has generated significant attention and debate regarding a woman’s right to choose and the autonomy over her own body.

Conflicting Views

Justices Hima Kohli and BV Nagarathna had previously allowed the 27-year-old woman to terminate her pregnancy. However, they later sharply disagreed on whether the abortion should proceed after a medical report suggested that stopping the fetal heart would be part of the procedure.

Justice Kohli was not willing to proceed with the earlier decision and questioned the court’s authority to stop the heartbeat of a fetus with life. In her view, she would not allow it. She also criticized the medical board for filing a “hedged and ambiguous” report.

On the other hand, Justice Nagarathna respected the woman’s determination to terminate her pregnancy, emphasizing that the petitioner’s decision must be respected. She argued that the interest of the petitioner should be given preference in this case.

Medical Report and Recall Petition

The case took a new turn when the Centre obtained a stay on the October 9 order from the Chief Justice of India on Tuesday after arguing that the abortion was recommended despite the medical board’s suggestion that the fetus had a viable chance of being born. The recall petition filed by the Centre came after one of the doctors on the medical board expressed concerns about proceeding with the abortion.

Supreme Court’s Critique of the Centre’s Approach

The Supreme Court expressed strong disapproval of the Centre’s approach, questioning why it had not submitted an application when the original order was passed. The judges criticized the conduct of the Union of India and warned that such precedents could lead to a breakdown in the system.

Legal Background and Precedents

The case has significant implications for abortion rights and women’s reproductive autonomy in India. Under the Medical Termination of Pregnancy (MTP) Act, a woman can legally undergo an abortion up to 20 weeks of pregnancy. In recent years, the Supreme Court has expanded the scope of abortion rights, recognizing the importance of a woman’s own estimation in deciding whether she is in a position to continue her pregnancy.

The split verdict will lead to further adjudication on this important matter.

VoM News Desk

VoM News is an online web portal in jammu Kashmir offers regional, National & global news.